Any person aggrieved by an administrative determination of the
Village Board or a board, commission, committee, agency, officer or
employee of the Village of Clyman or agent acting on its behalf may
have such determination reviewed as provided in this chapter. The
remedies under this chapter shall not be exclusive, but an election
to proceed hereunder shall be an election of remedies.

Includes the Village Board, commission, committee, agency, officer, employee or agent of the Village making a determination under § 7-1, and every person, committee or agency of the Village to make an independent review under § 7-8B.

A person aggrieved includes any individual, partnership, corporation,
association, public or private organization; officer, department,
board, commission or agency of the Village, whose rights, duties or
privileges are adversely affected by a determination of a municipal
authority. No department, board, commission, agency, officer or employee
of the Village who is aggrieved may initiate review under this chapter
of a determination of any other department, board, commission, agency,
officer or employee of the Village, but may respond or intervene in
a review proceeding under this chapter initiated by another.

If a determination subject to this chapter is made orally or,
if in writing, does not state the reasons therefor, the municipal
authority making such determination shall, upon written request of
any person aggrieved by such determination made within 10 days of
notice of such determination, reduce the determination and the reasons
therefor to writing and mail or deliver such determination and reasons
to the person making the request. The determination shall be dated,
and shall advise such person of his right to have such determination
reviewed, that such review may be obtained within 30 days, and the
officer or person to whom a request for review shall be addressed.

Any person allegedly aggrieved may have a written or oral determination
reviewed by written request mailed or delivered to the municipal authority
which made such determination within 30 days of notice to such person
of such determination. The request for review shall state the grounds
upon which the person allegedly aggrieved contends that the determination
should be modified or reversed. A request for review shall be made
to the officer, employee, agent, agency, committee, board, commission
or body who made the determination, but failure to make such request
to the proper party shall not preclude the person aggrieved from review
unless such failure has caused prejudice to the municipal authority.

Who
shall make review. A review under this section may be made by the
officer, employee, agent, agency, committee, board, commission or
body who made the initial determination. However, an independent review
of such determination by another person, committee or agency of the
Village, appointed by the Village President without confirmation,
shall be provided if practicable.

When
to make review. The municipal authority shall review the initial determination
within 15 days of receipt of a request for review. The time for review
may be extended by agreement with the person allegedly aggrieved.

Right
to present evidence and argument. The person aggrieved may file with
his request for review, or within the time agreed with the municipal
authority, written evidence and argument in support of his position
with respect to the initial determination.

Decisions
on review. The municipal authority may affirm, reverse or modify the
initial determination and shall mail or deliver to the person aggrieved
a copy of the municipal authority's decision on review which
shall state the reasons for such decision. The decision shall advise
the person aggrieved of his right to appeal the decision, that appeal
may be taken within 30 days, and the office or person with whom notice
of appeal shall be filed.

If the person aggrieved had a hearing substantially in compliance with § 7-10 when the initial determination was made, he may elect to follow §§ 7-6 through 7-8, but is not entitled to a further hearing under § 7-10 unless granted by the municipal authority. He may, however, seek judicial review under § 7-12.

If the person aggrieved did not have a hearing substantially in compliance with § 7-10 when the initial determination was made, he shall follow §§ 7-6 through 7-8 and may appeal under this section from the decision made under § 7-8.

How
appeal may be taken. An appeal under this section may be taken by
filing with or mailing to the office or person designated in the municipal
authority's decision on review, written notice of appeal.

Time of hearing. The Village shall provide the appellant a hearing on an appeal under § 7-9 within 15 days of receipt of the notice of appeal and shall serve the appellant with notice of such hearing by mail or personal service at least 10 days before such hearing. The office or person with whom a notice of appeal is filed shall immediately notify the Village Attorney, who shall forthwith advise the Village President of such appeal.

Conduct of hearing. At the hearing the appellant and the municipal
authority may be represented by counsel and may present evidence and
call and examine witnesses and cross-examine witnesses of the other
party. Such witnesses shall be sworn by the person conducting the
hearing. The Village President shall appoint, without confirmation,
an impartial decision maker who may be an officer, committee, board
or commission of the Village or the Village Board who did not participate
in making or reviewing the initial determination, who shall make the
decision on administrative appeal. The decision make may issue subpoenas.
The hearing may, however, be conducted by an impartial person, committee,
board or commission designated by the Village President to conduct
the hearing and report to the decision maker.

Record of hearing. The person conducting the hearing or a person
employed for that purpose shall take notes of the testimony and shall
mark and preserve all exhibits. The person conducting the hearing
may, and upon request of the appellant, shall, cause the proceedings
to be taken by a stenographer or by a recording device, the expense
thereof to be paid by the Village.

Hearing on initial determination. Where substantial existing rights
are affected by an initial determination, the municipal authority
making such determination shall, when practicable, give any person
directly affected an opportunity to be heard in accordance with this
section before making such determination.

Within 20 days of completion of the hearing conducted under § 7-10 and the filing of briefs, if any, the decision maker shall mail or deliver to the appellant its written determination stating the reasons therefor. Such determination shall be a final determination.

A determination following a hearing substantially meeting the requirements of § 7-10 or a decision on review under § 7-8 following such hearing shall be a final determination, judicial review of which may be obtained under § 7-12.

The record of the proceedings shall be transcribed at the expense
of the person seeking review. A transcript shall be supplied to anyone
requesting the same at his expense. If the person seeking review establishes
indigence to the satisfaction of the reviewing court, the court may
order the proceedings transcribed at the expense of the Village and
the person seeking review shall be furnished a free copy of the transcript.
By stipulation, the court may order a synopsis of the proceedings
in lieu of a transcript. The court may otherwise limit the requirement
for a transcript.

Seeking review pursuant to this chapter does not preclude a person
aggrieved from seeking relief from the Village Board or any of its
boards, commissions, committees or agencies which may have jurisdiction.

If in the course of legislative review under this section a determination is modified, such modification and any evidence adduced before the Village Board, board, commissions, committee or agency shall be made part of the record on review under § 7-12.